Spouses contemplating or proceeding with a divorce who have a residential lease obligation should read the lease agreement to determine if both spouses are named as tenants, and whether there are early termination provisions that may be available—if the spouses are interested in early termination of the lease.

If the spouses live in a community property state (as opposed to a common law state), both spouses may be liable for the lease payments even if both spouses are not named as tenants in the lease agreement. Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

In Florida, which is an equitable distribution state rather than a community property state, the liability for a residential lease during a divorce will typically depend on whose name(s) appear on the lease agreement. If both spouses are named as tenants, they are both likely to be responsible for the lease obligations. It is important for spouses to review their lease agreement to understand the terms, including any early termination provisions that may exist. Early termination provisions could allow for the lease to be ended prior to its natural expiration date, potentially subject to penalties or additional fees. In the event of a divorce, the division of debts, including the responsibility for a lease, will be handled according to the principles of equitable distribution, meaning the court will aim to divide assets and liabilities in a fair, but not necessarily equal, manner. Spouses should consider consulting with an attorney to understand their rights and obligations regarding the lease during the divorce process.